Ranjan Kumar Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41827 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

RANJAN KUMAR BIHARI Son of Kailash Prasad singh Resident of Village - Kajichak, P.S. Mojahidpur, District - Bhagalpur. 2.

MUNILAL MODI Son of vilash Modi Resident of Village - Kutubganj, P.S. Babarganj, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2022 Heard Mr. Diwakar Upadhyay, learned counsel for the petitioners and Mr. Bishweshwar Ram, learned Additional Public Prosecutor for the State through video conferencing. Petitioners seek regular bail in connection with Sanokhar (Amdanda) PS Case No. 14/2021 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

The police intercepted the motorcycle of the petitioners and recovered 30.600 litres of illicit country made liquor from the same.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they have been implicated in this case due to oblique motive. He further submits that, at the time of seizure, the procedure, prescribed in the Excise

Patna High Court CR. MISC. No.41827 of 2021(2) dt.31-01-2022 2/2 Act as well as in the CrPC, has not been followed. He next submits that similarly situated co-accused, namely, Anuj Kumar has been granted bail by this court in Cr. Misc. No. 32648/2021. Learned counsel next submits that the petitioners are in custody since 21.01.2021.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused has been granted bail by this Court, petitioners are in custody since 21.01.2021, charge-sheet has been submitted and the trial is not likely to be concluded in the near future due to pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IIcum-Special Judge, (Excise Act) Bhagalpur/court concerned in connection with Sanokhar (Amdanda) PS Case No. 14/2021. (Anil Kumar Sinha, J) perwez U T